Worth

Action to enforce the lien of a street assessment. Appeal from an order setting aside a judgment previously rendered in favor of plaintiff.

The action was commenced November 4,1898, against Esther B. Emerson, John Doe, Robert Doe, and Jane Doe; the plaintiff alleging in his complaint that “the defendants on November 5, 1896 (the day the assessment became a lien) were, and still continue to be, the owners” of the lot of land described in the complaint, and that the said defendants John Doe, Robert Doe, and Jane Doe are sued by fictitious names because their true names are unknown to plaintiff. Summons was served upon the defendant Emerson, and her default for want of an appearance was entered October 19, 1901. No service was made on either of the other defendants. February 17, 1904, an answer to the complaint was filed by John H. Grady, stating that he is “sued herein as John Doe, one of the defendants in the above-entitled action.” After this answer was filed, but on the same day, the court, on motion of the plaintiff, dismissed the action “as to the defendants therein sued by the fictitious names of John Doe, Robert Doe and Jane Doe, and John H. Grady, appearing herein as John…